ROSENTHAL v. MAGEE - Page 17




              Interference No. 104,403                                                                                     

                  57.    Rosenthal alleges in his affidavit that, as Conley was acting as a                                
                         representative of the senior party during the telephone                                           
                         conversation which occurred prior to October 31, 1993, the                                        
                         senior party thereby admitted knowledge of the junior party’s                                     
                         concept by that date (Rosenthal Record page 151).                                                 
                  58.    Conley testifies that, since at least as early as February 1991,                                  
                         he has periodically provided senior party Magee with engraved                                     
                         cylinders for manufacturing lenticular sheet (Rosenthal Record                                    
                         pages 79-80), but that he was not a consultant for either the                                     
                         junior or senior party (Rosenthal Record page 79).                                                
                  59.    Conley testifies that he has never communicated any                                               
                         information received from either one of the junior party or the                                   
                         senior party to the other (Rosenthal  Record page 79).                                            
                  60.    Conley also states that he is particularly sure he did not                                        
                         communicate any ideas or inventions received from the junior                                      
                         party to any other person, and particularly not to the senior party                               
                         (Rosenthal Record page 82).                                                                       
                  61.    Conley further states that he received a number of telephone                                      
                         calls from Rosenthal, as well as three written communications                                     
                         (Rosenthal  Record pages 81-82), but he testifies that he                                         
                         received no disclosure of “a lenticular screen sheet having                                       

                                                      17                                                                   





Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November 3, 2007